An FIR too far, Mr CM

The Freedom of Speech and Expression, Article 19 (1) (a), enshrined in the Constitution of India, is not an unfettered right and comes with certain “reasonable restrictions”, but Karnataka Chief Minister HD Kumaraswamy’s penchant for filing police complaints against journalists at the drop of a hat is a clear attempt to muzzle the press. The latest is the FIR against journalist Vishweshwar Bhat who had published a report in his newspaper about the alleged misbehaviour of Kumaraswamy’s son Nikhil Kumaraswamy at a Mysuru hotel following his defeat in the Mandya Lok Sabha constituency. Politics is not for the faint-hearted and being in public life, politicians should be thick skinned and not be easily offended by news reports that portray them in poor light or editorial censure, even if unfair. In the instant case, it would have been prudent for Kumaraswamy to issue a denial and let the matter rest. Filing an FIR was taking things a bit too far.

At the same time, journalists should be aware that freedom of expression does not give them a free run or the right to damage the reputation of others with impunity. Article 19 (2) of the Constitution imposes restrictions on the Freedom of Speech and Expression in the “interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence”. While some curbs are required to prevent the abuse of free speech, the validity of criminal defamation needs to be re-examined as it is often misused by those in power to bury the truth and even prevent legitimate criticism of the high and mighty.

A police complaint should be resorted to only in the rarest of cases involving serious issues of criminality like creating communal disharmony, disturbing public order or outraging the modesty of a woman. For other transgressions, there are many recourses, including the Press Council of India, National Broadcasting Standards Authority or the law courts. Actor-politician Ramya had set an example when she took a Kannada television channel to court for defaming her and won damages to the tune of Rs 40 lakh. Erring journalists should no doubt be punished, but if the government goes about filing police complaints against every report that is unpalatable, that would be the end of democracy’s most essential pillar – a free press. Criticism is the bedrock on which democracy rests and politicians like Kumaraswamy should learn to be less emotional and take both brickbats and bouquets in their stride.